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16477

Rules and Regulations Federal Register


Vol. 71, No. 63

Monday, April 3, 2006

This section of the FEDERAL REGISTER ADDRESSES: You may examine the AD most Group 1 airplanes. The commenter
contains regulatory documents having general docket on the Internet at http:// states that operators of most Group 1
applicability and legal effect, most of which dms.dot.gov or in person at the Docket airplanes have been planning on doing
are keyed to and codified in the Code of Management Facility, U.S. Department the modification in accordance with AD
Federal Regulations, which is published under of Transportation, 400 Seventh Street 90–06–09, amendment 39–6488 (55 FR
50 titles pursuant to 44 U.S.C. 1510.
SW., Nassif Building, room PL–401, 8370, March 7, 1990) and Boeing
The Code of Federal Regulations is sold by Washington, DC. Document D6–54860. The commenter
the Superintendent of Documents. Prices of Contact Boeing Commercial asserts that mandating the modification
new books are listed in the first FEDERAL Airplanes, P.O. Box 3707, Seattle, in the final rule is redundant because it
REGISTER issue of each week. Washington 98124–2207, for service is already required by AD 90–06–09.
information identified in this AD. The commenter further explains that
FOR FURTHER INFORMATION CONTACT: Revision 7 of Boeing Alert Service
DEPARTMENT OF TRANSPORTATION Daniel F. Kutz, Aerospace Engineer, Bulletin (ASB) 727–53A0153, dated
Airframe Branch, ANM–120S, FAA, August 14, 2003, added some new
Federal Aviation Administration airplanes to the Group 1 list as well as
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, all of the Group 2 airplanes.
14 CFR Part 39 We do not agree. We do acknowledge
Washington 98055–4056; telephone
(425) 917–6456; fax (425) 917–6590. that, for most Group 1 airplanes, AD 90–
[Docket No. FAA–2005–21593; Directorate
SUPPLEMENTARY INFORMATION: 06–09 also mandates the same
Identifier 2002–NM–328–AD; Amendment
39–14537; AD 2006–07–10] modification as paragraph (l) of this AD,
Examining the Docket in that Boeing ASB 727–53–153 is
RIN 2120–AA64 You may examine the airworthiness referenced in Boeing Document D6–
directive (AD) docket on the Internet at 54860, ‘‘Aging Airplane Service Bulletin
Airworthiness Directives; Boeing http://dms.dot.gov or in person at the Structural Modification Program—
Model 727 Airplanes Docket Management Facility office Model 727,’’ Revision C, dated
between 9 a.m. and 5 p.m., Monday December 11, 1989, which is the
AGENCY: Federal Aviation through Friday, except Federal holidays. appropriate source of service
Administration (FAA), Department of The Docket Management Facility office information required by AD 90–06–09.
Transportation (DOT). (telephone (800) 647–5227) is located on We do not agree to require only the
ACTION: Final rule. the plaza level of the Nassif Building at inspection for most of Group 1, since
the street address stated in the the service bulletin does not distinguish
SUMMARY: The FAA is superseding an those airplanes that were added to
ADDRESSES section.
existing airworthiness directive (AD), Group 1. We have provided an
which applies to certain Boeing Model Discussion alternative method of compliance
727 airplanes. That AD currently The FAA issued a notice of proposed statement in paragraph (n)(4) of this AD
requires repetitive visual inspections for rulemaking (NPRM) to amend 14 CFR to allow credit for the modification
cracking of the forward entry doorway part 39 to include an AD that accomplished in accordance with AD
forward frame and repair if necessary. supersedes AD 91–09–07, amendment 90–06–09.
That AD also provides an optional 39–6982 (56 FR 18687, April 24, 1991).
modification that constitutes Request To Revise the Compliance
The existing AD applies to certain Time
terminating action. This new AD Boeing Model 727 series airplanes. That
requires adding new post-repair and NPRM was published in the Federal The Boeing Company also requests
post-modification inspections for Register on June 22, 2005 (70 FR 36064). that paragraph (l) of the NPRM be
previously repaired or modified That NPRM proposed to require adding revised to extend the grace period for
airplanes, mandating the optional new post-repair and post-modification some Group 1 airplanes and all of the
modification, and adding airplanes to inspections for previously repaired or Group 2 airplanes. The commenter
the applicability of the AD. This AD modified airplanes, mandating the suggests using the wording, ‘‘Before the
results from reports of cracking of the optional modification, and adding accumulation of 60,000 total flight
forward entry doorway forward frame of airplanes to the applicability of the AD. cycles, or within the earlier of 4 years
airplanes previously modified. We are or 7,200 flight cycles after the effective
issuing this AD to prevent the loss of the Comments date of this AD.’’ The commenter notes
structural integrity of the forward entry We provided the public the that some Group 1 airplanes and all of
doorway due to cracking of the frame at opportunity to participate in the the Group 2 airplanes have been added
Body Station 303.9, and consequent development of this AD. We have to Revision 7 of Boeing ASB 727–
cracking of the fuselage skin and rapid considered the comments that have 53A0153, and consequently, they were
decompression of the airplane. been received on the NPRM. not addressed by Boeing Document D6–
DATES: This AD becomes effective May 54860 or AD 90–06–09. The commenter
Request To Revise Paragraph (l) of the
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8, 2006. explains that both Revision 7 of Boeing


The Director of the Federal Register NPRM ASB 727–53A0153 and Boeing
approved the incorporation by reference The Boeing Company requests that Document D6–54860 have a 60,000
of certain publications listed in the AD paragraph (l) of the NPRM be revised to flight cycle threshold to do the
as of May 8, 2006. apply the one-time inspections only to modification. However, the commenter

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16478 Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations

states that the grace period in Boeing on any operator nor increase the scope Executive Order 13132. This AD will
Document D6–54860 allows up to 4 of the AD. not have a substantial direct effect on
years beyond the 60,000 flight cycle the States, on the relationship between
Costs of Compliance
threshold to allow operators to schedule the national government and the States,
the airplane modification during a major There are about 1,038 Model 727 or on the distribution of power and
maintenance check period. The airplanes of the affected design in the responsibilities among the various
commenter advises that Model 727 worldwide fleet. This AD will affect levels of government.
airplanes fly an average of 1,800 flight about 616 airplanes of U.S. registry. For the reasons discussed above, I
cycles per year or 7,200 flight cycles in The actions that are required by AD certify that this AD:
4 years. For those airplanes past the 91–09–07 and retained in this AD take (1) Is not a ‘‘significant regulatory
60,000 flight cycle threshold, safety about 58 work hours per airplane, at an action’’ under Executive Order 12866;
would be mitigated by the inspections at average labor rate of $65 per work hour. (2) Is not a ‘‘significant rule’’ under
3,700 flight cycle intervals until Based on these figures, the estimated DOT Regulatory Policies and Procedures
reaching the 7,200 flight cycle or 4-year cost of the currently required actions is (44 FR 11034, February 26, 1979); and
limit, whichever occurs first. The $3,770 per airplane, per inspection (3) Will not have a significant
commenter states that revising the grace cycle. economic impact, positive or negative,
period also would provide the The new inspections will take about on a substantial number of small entities
consistency with the compliance times 5 to 6 work hours per airplane, under the criteria of the Regulatory
specified in Boeing Document D6– depending on the airplane Flexibility Act.
54860. configuration, at an average labor rate of We prepared a regulatory evaluation
We agree that the compliance time $65 per work hour. Based on these of the estimated costs to comply with
may be revised for the reasons given by figures, the estimated cost of the new this AD and placed it in the AD docket.
the commenter. We have revised actions required by this AD is between See the ADDRESSES section for a location
paragraph (l) and added a new $325 and $390 per airplane, per to examine the regulatory evaluation.
paragraph (m) of this AD to inspection cycle.
The terminating action specified in List of Subjects in 14 CFR Part 39
accommodate revision of the
compliance time. This revision does not this AD will affect airplanes on which Air transportation, Aircraft, Aviation
change the grace period for modification the previous optional modification has safety, Incorporation by reference,
of Group 1 airplanes applicable to AD not been accomplished, and will take Safety.
90–06–09. between 14 and 40 work hours per
Adoption of the Amendment
airplane, depending on the airplane
Editorial Changes configuration, at an average labor rate of ■ Accordingly, under the authority
We have revised paragraph (f) of this $65 per work hour. Required parts for delegated to me by the Administrator,
AD to correctly reference sub- the terminating modification will cost the FAA amends 14 CFR part 39 as
paragraphs (f)(1) and (f)(2) of this AD. between $877 and $6,749 per airplane, follows:
We also have revised this AD to depending on the airplane
clarify the appropriate procedure for configuration. Based on these figures, PART 39—AIRWORTHINESS
notifying the principal inspector before the estimated cost of the terminating DIRECTIVES
using any approved AMOC on any action specified in this AD is between ■ 1. The authority citation for part 39
airplane to which the AMOC applies. $1,787 and $9,349 per airplane. continues to read as follows:
In addition, we inadvertently
Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701.
specified in paragraph (k) of the NPRM
that any cracking found during any Title 49 of the United States Code
§ 39.13 [Amended]
HFEC inspection required certain specifies the FAA’s authority to issue
corrective actions. Our intention was to rules on aviation safety. Subtitle I, ■ 2. The Federal Aviation
specify that any cracking found during section 106, describes the authority of Administration (FAA) amends § 39.13
any inspection would require certain the FAA Administrator. Subtitle VII, by removing amendment 39–6982 (56
corrective actions. We have revised Aviation Programs, describes in more FR 18687, April 24, 1991) and by adding
paragraph (k) of this AD to state that, if detail the scope of the Agency’s the following new airworthiness
any cracking is detected during any authority. directive (AD):
inspection, certain corrective actions We are issuing this rulemaking under 2006–07–10 Boeing: Amendment 39–14537.
must be accomplished. the authority described in subtitle VII, Docket No. FAA–2005–21593;
part A, subpart III, section 44701, Directorate Identifier 2002–NM–328–AD.
Explanation of Change To Applicability ‘‘General requirements.’’ Under that Effective Date
We have revised the applicability of section, Congress charges the FAA with
the existing AD to identify model promoting safe flight of civil aircraft in (a) This AD becomes effective May 8, 2006.
designations as published in the most air commerce by prescribing regulations Affected ADs
recent type certificate data sheet for the for practices, methods, and procedures (b) This AD supersedes AD 91–09–07.
affected models. the Administrator finds necessary for
safety in air commerce. This regulation Applicability
Conclusion (c) This AD applies to Boeing Model 727,
is within the scope of that authority
We have carefully reviewed the because it addresses an unsafe condition 727C, 727–100, 727–100C, 727–200, and
available data, including the comments that is likely to exist or develop on 727–200F airplanes, certificated in any
that have been received, and determined category; as identified in Boeing Alert
products identified in this rulemaking Service Bulletin 727–53A0153, Revision 7,
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that air safety and the public interest action. dated August 14, 2003.
require adopting the AD with the
changes described previously. We have Regulatory Findings Unsafe Condition
determined that these changes will We have determined that this AD will (d) This AD was prompted by reports of
neither increase the economic burden not have federalism implications under cracking of the forward frame of the forward

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Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations 16479

entry doorway of airplanes previously (1) Within the next 1,850 landings after 53A0153, Revision 7, dated August 14, 2003,
modified. We are issuing this AD to prevent March 11, 1983 (the effective date of AD 83– with the exception of certain Group 1
the loss of the structural integrity of the 03–01, amendment 39–4561), or prior to airplanes specified in paragraph (i) of this
forward entry doorway due to cracking at accumulating a total of 25,000 landings, AD: Perform a one-time dimensional
Body Station (BS) 303.9, and consequent whichever occurs later; or inspection for anomalies (e.g., minimum
cracking of the fuselage skin and rapid (2) Within the next 1,850 landings after
decompression of the airplane. dimension requirements, jagged edges,
May 16, 1986 (the effective date of AD 83–
03–01 R1, amendment 39–5283), or prior to chafing, nicks, or gouges) of the web cutouts
Compliance at stringers S–15 and S–16, and HFEC
accumulating a total of 15,000 landings,
(e) You are responsible for having the whichever occurs later. inspections for cracking of the forward frame
actions required by this AD performed within (g) For airplanes modified in accordance of the forward entry doorway at BS 303.9; in
the compliance times specified, unless the with Boeing Service Bulletin 727–53–0153, accordance with Figure 1 of the
actions have already been done. dated February 1, 1980; through Revision 4, Accomplishment Instructions of Revision 7
Restatement of Certain Requirements of AD dated November 8, 1985; conduct the of the ASB at the times specified in
91–09–07 inspections described in paragraph (f) of this paragraph (h)(1) or (h)(2) of this AD, as
AD prior to the accumulation of 10,000 applicable. With the exception of the one-
(f) For airplanes listed in Boeing Service landings after the modification or within the
Bulletin 727–53–0153, Revision 5, dated time dimensional inspection (Step 1 of
next 3,700 landings after May 28, 1991 (the
December 14, 1989: Visually inspect the effective date of AD 91–09–07), whichever Figure 1) of the web cutouts at S–15L and S–
forward entry doorway frame for cracks in occurs later. Repeat the inspection at 16L, repeat the HFEC inspections for
accordance with Boeing Service Bulletin intervals not to exceed 3,700 landings until cracking of the forward frame of the forward
727–53–0153, dated February 1, 1980, or accomplishment of the one-time HFEC entry doorway at BS 303.9 at intervals not to
Revisions 1 through 5, at the earlier of the inspection for cracking and the one-time exceed 3,700 flight cycles until the
times indicated in subparagraphs (f)(1) or dimensional inspection for anomalies
(f)(2) of this AD. Repeat the inspection at requirements of paragraph (l) of this AD have
required by paragraph (i) of this AD, or the been accomplished.
intervals not to exceed 3,700 landings until one-time dimensional inspection for
accomplishment of the one-time high (1) For Group 1 airplanes that have not
anomalies and the initial HFEC inspection been modified or repaired in accordance with
frequency eddy current (HFEC) inspection for
for cracking of the forward frame of the
cracking and the one-time dimensional any issue of the service bulletin through
forward entry doorway at BS 303.9 specified
inspection for anomalies required by Revision 7 inclusive specified in Table 1 of
in paragraph (h) of this AD, as applicable.
paragraph (i) of this AD, or the one-time this AD: Perform the inspection before the
dimensional inspection for anomalies and New Requirements of This AD accumulation of 15,000 total flight cycles, or
the initial HFEC inspection for cracking of within 1,800 flight cycles after the effective
the forward frame of the forward entry Repetitive Inspections for Certain Airplanes
(h) For Group 1 airplanes as defined by date of this AD, whichever occurs later.
doorway at BS 303.9 specified in paragraph
(h) of this AD, as applicable. Boeing Alert Service Bulletin (ASB) 727–

TABLE 1.—SERVICE BULLETIN REVISIONS


Service bulletin Revision level Date

Boeing Service Bulletin 727–53–153 ........................................................................................................ Original .......... February 1, 1980.


Boeing Service Bulletin 727–53–153 ........................................................................................................ Revision 1 ...... June 19, 1981.
Boeing Service Bulletin 727–53–153 ........................................................................................................ Revision 2 ...... December 3, 1982.
Boeing Service Bulletin 727–53–153 ........................................................................................................ Revision 3 ...... June 17, 1983.
Boeing Service Bulletin 727–53–153 ........................................................................................................ Revision 4 ...... November 8, 1985.
Boeing Service Bulletin 727–53–0153 ...................................................................................................... Revision 5 ...... December 14, 1989.
Boeing Service Bulletin 727–53–0153 ...................................................................................................... Revision 6 ...... August 27, 1992.
Boeing Alert Service Bulletin 727–53A153 ............................................................................................... Revision 7 ...... August 14, 2003.

(2) For Group 1 airplanes that have been cracking and a dimensional inspection for dimensional inspection for anomalies (e.g.,
modified as specified in Boeing Repair Kit any anomaly (e.g., minimum dimension minimum dimension requirements, jagged
65C20303–1 in accordance with any issue of requirements, jagged edges, chafing, nicks or edges, chafing, nicks, or gouges) of the web
the service bulletin through Revision 4 gouges) of the web cutouts at stringers S–15L cutouts at stringers S–15 and S–16, and
inclusive as specified in Table 1 of this AD: and S–16L of the forward frame of the HFEC inspections for cracking of the forward
Perform the inspection before the forward entry doorway at BS 303.9, in frame of the forward entry doorway at BS
accumulation of 10,000 flight cycles after the accordance with Step 1 and Step 2 of Figure 303.9; in accordance with Figure 2 of the
modification, or within 1,800 flight cycles 1 of the Accomplishment Instructions of Accomplishment Instructions of Revision 7
after the effective date of this AD, whichever Boeing ASB 727–53A0153, Revision 7, dated of the ASB. With the exception of the one-
occurs later. August 14, 2003. For these airplanes, time dimensional inspection (Step 1 of
accomplishment of the HFEC, dimensional Figure 2) of the web cutouts at S–15L and S–
One-Time Inspections and Terminating
inspections, and any applicable corrective 16L, repeat the HFEC inspections for
Actions for Certain Other Airplanes
actions, constitutes terminating action for all cracking of the forward frame of the forward
(i) For Group 1 airplanes, as defined by the repetitive inspection requirements of this entry doorway at BS 303.9 at intervals not to
Boeing ASB 727–53A0153, Revision 7, dated AD. exceed 3,700 flight cycles until the
August 14, 2003, that have been modified in requirements of paragraph (l) of this AD have
accordance with Revision 5 or 6 of Boeing Inspections for Group 2 Airplanes
been accomplished.
Service Bulletin 727–53–0153 as specified in (j) For Group 2 airplanes, as defined by
Table 1 of this AD, or that have been repaired Boeing ASB 727–53A0153, Revision 7, dated Corrective Actions
in accordance with Boeing Repair Kit August 14, 2003, that have not been modified (k) If any cracking is detected during any
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65C20303–8 or –25 as specified in Revision or repaired in accordance with Revision 7 of inspection, or any anomaly is detected
2 through Revision 6 inclusive of the service the ASB: Before the accumulation of 17,000 during any dimensional inspection required
bulletin as specified in Table 1 of this AD: total flight cycles, or within 4,500 flight by this AD: Before further flight, accomplish
Within 4,500 flight cycles after the effective cycles after the effective date of this AD, the actions in paragraph (k)(1) or (k)(2) of this
date of this AD, do a one-time HFEC for whichever occurs later, perform a one-time AD, as applicable.

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16480 Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations

(1) For any cracking that is within the Compliance Times for the Requirements of 727–53–153, Revision 1, including
limits specified in the Accomplishment Paragraph (l) of This AD Addendum, dated June 19, 1981, contains the
Instructions of Boeing ASB 727–53A0153, (m) Accomplish the actions required in following effective pages:
Revision 7, dated August 14, 2003: Repair the paragraph (l) of this AD at the later of the
cracking in accordance with Revision 7 of the times specified in paragraph (m)(1) or (m)(2) Revision
ASB. of this AD. level Date shown on
Page No.
(2) For any cracking that is outside the (1) Prior to the accumulation of 60,000 shown on page
limits specified in the Accomplishment total flight cycles. page
Instructions of Boeing ASB 727–53A0153, (2) Within 48 months or 7,200 flight cycles
Revision 7, dated August 14, 2003, or for any after the effective date of this AD, whichever 1–25 ................ 1 ............. June 19, 1981.
anomaly that is detected during any occurs first. 26 .................... Original .. February 1,
dimensional inspection required by this AD: 1980.
Repair in accordance with a method Alternative Methods of Compliance (AMOCs)
approved by the Manager, Seattle Aircraft (n)(1) The Manager, Seattle ACO, has the Addendum
Certification (ACO), FAA; or in accordance authority to approve AMOCs for this AD, if
with the procedures specified in paragraph requested in accordance with the procedures 1–6 .................. 1 ............. June 19, 1981.
(n) of this AD. found in 14 CFR 39.19.
(2) Before using any AMOC approved in Boeing Service Bulletin 727–53–153,
Terminating Actions for Certain Airplanes accordance with § 39.19 on any airplane to Revision 4, including Addendum, dated
(l) For airplanes specified in paragraph which the AMOC applies, notify the November 8, 1985, contains the following
(l)(1) or (l)(2) of this AD: At the time appropriate principal inspector in the FAA effective pages:
specified in paragraph (m) of this AD, Flight Standards Certificate Holding District
perform the inspections specified in Figure 1 Office. Revision
(3) An AMOC that provides an acceptable Date shown on
or Figure 2, as applicable, of Revision 7 of Page number level shown page
Boeing ASB 727–53A0153, dated August 14, level of safety may be used for any repair on page
2003, and as specified by paragraph (h) or (j) required by this AD, if it is approved by an
of this AD, as applicable. Before further Authorized Representative for the Boeing 1–11, 13–19, 4 November 8,
flight, following the inspections, modify the Commercial Airplanes Delegation Option 21. 1985.
forward frame in accordance with the Authorization Organization who has been 12, 20, 22 .... 3 June 17, 1983.
Accomplishment Instructions of Revision 7 authorized by the Manager, Seattle ACO, to
of the ASB. Concurrent accomplishment of make those findings. For a repair method to Addendum
the inspections and modification constitutes be approved, the repair must meet the
terminating action for the repetitive certification basis of the airplane, and the 1, 4 .............. 3 June 17, 1983.
inspections required by this AD. approval must specifically refer to this AD.
(1) Group 1 airplanes that have not been (4) AMOCs approved previously in 2, 3, 5, 6 ...... 4 November 8,
modified or repaired in accordance with accordance with AD 91–09–07, amendment 1985.
39–6982, are approved as AMOCs with the
Boeing Repair Kit 65C20303–8 or –25, as
corresponding requirements and provisions The Director of the Federal Register
specified in Boeing Service Bulletin 727–53–
of this AD. approved the incorporation by reference of
153, Revision 2, dated December 3, 1982;
(5) Accomplishment of the actions these documents in accordance with 5 U.S.C.
Revision 3, dated June 17, 1983; or Revision
specified in paragraph (l) of this AD 552(a) and 1 CFR part 51. Contact Boeing
4, dated November 8, 1985; Boeing Service
constitutes an AMOC with paragraph A. of Commercial Airplanes, P.O. Box 3707,
Bulletin 727–53–0153, Revision 5, dated
AD 90–06–09, amendment 39–6488, only for Seattle, Washington 98124–2207, for a copy
December 14, 1989; or Revision 6, dated
the structural modification requirements of of this service information. You may review
August 27, 1992; or Boeing ASB 727– Boeing Service Bulletin 727–53–153, as copies at the Docket Management Facility,
53A0153, Revision 7, dated August 14, 2003. specified in Boeing Document D6–54860,
(2) Group 2 airplanes that have not been U.S. Department of Transportation, 400
Revision C, dated December 11, 1989, which
repaired or modified in accordance with Seventh Street SW., room PL–401, Nassif
is the appropriate source of service
Revision 7 of Boeing ASB 727–53A0153, Building, Washington, DC; on the Internet at
information specified by AD 90–06–09.
dated August 14, 2003. http://dms.dot.gov; or at the National
Note 1: Accomplishment of the terminating Material Incorporated by Reference Archives and Records Administration
actions specified in paragraph (i) or (l) of this (o) You must use the applicable service (NARA). For information on the availability
AD does not relieve the operator of bulletins or alert service bulletin specified in of this material at the NARA, call (202) 741–
responsibility to comply with the inspection Table 2 of this AD to perform the actions that 6030, or go to http://www.archives.gov/
requirements of the operator’s standard are required by this AD, unless the AD federal_register/code_of_federal_regulations/
structural maintenance program. specifies otherwise. Boeing Service Bulletin ibr_locations.html.

TABLE 2.—MATERIAL INCORPORATED BY REFERENCE


Service bulletin Revision level Date

1. Boeing Service Bulletin 727–53–153 .............................................................. Original ................................................. February 1, 1980.


2. Boeing Service Bulletin 727–53–153, including Addendum ........................... Revision 1 ............................................ June 19, 1981.
3. Boeing Service Bulletin 727–53–153, including Addendum ........................... Revision 2 ............................................ December 3, 1982.
4. Boeing Service Bulletin 727–53–153, including Addendum ........................... Revision 3 ............................................ June 17, 1983.
5. Boeing Service Bulletin 727–53–153, including Addendum ........................... Revision 4 ............................................ November 8, 1985.
6. Boeing Service Bulletin 727–53–0153, including Addendum ......................... Revision 5 ............................................ December 14, 1989.
7. Boeing Alert Service Bulletin 727–53A0153 ................................................... Revision 7 ............................................ August 14, 2003.
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Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations 16481

Issued in Renton, Washington, on March In addition, FDA has noticed that a Dated: March 24, 2006.
17, 2006. 215-gram bottle size was approved for Bernadette A. Dunham,
Ali Bahrami, this product under ANADA 200–229 but Deputy Director, Office of New Animal Drug
Manager, Transport Airplane Directorate, not codified. At this time, that bottle Evaluation, Center for Veterinary Medicine.
Aircraft Certification Service. size is being added to § 524.1044g. This [FR Doc. 06–3149 Filed 3–31–06; 8:45 am]
[FR Doc. 06–3065 Filed 3–31–06; 8:45 am] action is being taken to improve the BILLING CODE 4160–01–S
BILLING CODE 4910–13–P accuracy of the regulations.
In accordance with the freedom of
information provisions of 21 CFR part DEPARTMENT OF STATE
DEPARTMENT OF HEALTH AND 20 and 21 CFR 514.11(e)(2)(ii), a
HUMAN SERVICES summary of safety and effectiveness 22 CFR Part 34
data and information submitted to
Food and Drug Administration support approval of this application [Public Notice: 5310]
may be seen in the Division of Dockets Debt Collection
21 CFR Part 524 Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm. AGENCY: Department of State.
Ophthalmic and Topical Dosage Form 1061, Rockville, MD 20852, between 9 ACTION: Final rule.
New Animal Drugs; Gentamicin a.m. and 4 p.m., Monday through
Sulfate, Betamethasone Valerate, Friday. SUMMARY: The Department of State is
Clotrimazole Ointment The agency has determined under 21 revising its debt collection regulations
AGENCY: Food and Drug Administration, CFR 25.33(a)(1) that this action is of a to conform to changes in Federal
HHS. type that does not individually or Government-wide debt collection laws
cumulatively have a significant effect on and regulations, including the Debt
Final rule; technical
ACTION:
the human environment. Therefore, Collection Improvement Act of 1996
amendment.
neither an environmental assessment and the revised Federal Claims
SUMMARY: The Food and Drug nor an environmental impact statement Collections Standards jointly issued by
Administration (FDA) is amending the is required. the Department of the Treasury and
animal drug regulations to reflect This rule does not meet the definition Department of Justice in 2000.
approval of a supplemental abbreviated of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because DATES: This rule is effective May 3,
new animal drug application (ANADA) it is a rule of ‘‘particular applicability.’’ 2006.
filed by Med-Pharmex, Inc. The Therefore, it is not subject to the ADDRESSES: You may submit comments
supplemental ANADA provides for a congressional review requirements in 5 by any of the following methods:
new container size, a 15-gram bottle, U.S.C. 801–808. • E-mail: AmoryER@state.gov
from which gentamicin sulfate, • Mail paper submissions to the
List of Subjects in 21 CFR Part 524
betamethasone valerate, clotrimazole Deputy Assistant Secretary for Global
ointment may be dispensed for the Animal drugs.
Financial Services, Charleston Financial
treatment of acute and chronic canine ■ Therefore, under the Federal Food, Service Center, P.O. Box 150008,
otitis externa. Drug, and Cosmetic Act and under Charleston, S.C. 29415–5008.
DATES: This rule is effective April 3, authority delegated to the Commissioner Persons with access to the internet
2006. of Food and Drugs and redelegated to may also view this notice by going to
the Center for Veterinary Medicine, 21 the regulations.gov Web site at: http://
FOR FURTHER INFORMATION CONTACT:
Christopher Melluso, Center for CFR part 524 is amended as follows: www.regulations.gov/index.cfm.
Veterinary Medicine (HFV–104), Food PART 524—OPHTHALMIC AND FOR FURTHER INFORMATION CONTACT:
and Drug Administration, 7500 Standish TOPICAL DOSAGE FORM NEW Elizabeth Amory, Office of the Legal
Pl., Rockville, MD 20855, 301–827– ANIMAL DRUGS Adviser, Charleston Financial Service
0169, e-mail: Center, telephone 843–308–5605.
christopher.melluso@fda.hhs.gov. ■ 1. The authority citation for 21 CFR SUPPLEMENTARY INFORMATION: This rule
SUPPLEMENTARY INFORMATION: Med- part 524 continues to read as follows: revises the Department of State’s (State)
Pharmex, Inc., 2727 Thompson Creek Authority: 21 U.S.C. 360b. debt collection regulations found at 22
Rd., Pomona, CA 91767–1861, filed a ■ 2. In § 524.1044g, revise paragraphs CFR part 34 to conform to the Debt
supplement to ANADA 200–229 that (b)(2) and (c)(1)(i) to read as follows: Collection Improvement Act of 1996
provides for use of TRI-OTIC (DCIA), Public Law 104–134, 110 Stat.
(gentamicin sulfate, USP; § 524.1044g Gentamicin sulfate, 1321, 1358 (Apr. 26, 1996), the revised
betamethasone valerate, USP; and betamethasone valerate, clotrimazole Federal Claims Collection Standards, 31
clotrimazole, USP) Ointment for the ointment. CFR Chapter IX (parts 900 through 904),
treatment of canine otitis externa * * * * * and other laws applicable to the
associated with yeast (Malassezia (b) * * * collection of non-tax debt owed to the
pachydermatis, formerly Pityrosporum (2) No. 054925 for use of 7.5- or 15- Government.
canis) and/or bacteria susceptible to g tubes; 10-, 15-, 25-, or 215-g bottles. This regulation provides procedures
gentamicin. The supplement provides * * * * * for the collection of debts owed to State
for a new container size, a 15-gram (c) * * * entities. State adopts the Government-
bottle. The supplemental ANADA is (1) * * * wide debt collection standards
approved as of February 27, 2006, and (i) From 7.5- or 15-g tubes; 10-, promulgated by the Departments of the
12.5-, 15-, 25-, or 30-g bottles: 4 drops
cchase on PROD1PC60 with RULES

the regulations are amended in Treasury and Justice, known as the


§ 524.1044g (21 CFR 524.1044g) to for dogs weighing less than 30 pounds Federal Claims Collection Standards
reflect the approval. The basis of (lb) or 8 drops for dogs weighing 30 lb (FCCS), as revised on November 22,
approval is discussed in the freedom of or more. 2000 (65 FR 70390), and supplements
information summary. * * * * * the FCCS by prescribing procedures

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